Reclamation Supplement to Federal Property
Management Regulations

Part 44 Donation
of Personal Property

Subpart 114S-44.6 Donation of Scientific Research Equipment

114S-44.6000 Scientific Research Equipment.

Public
Law 85-934 (42 U.S.C. 1891-1893) authorizes, under appropriate
conditions, the vesting of title to equipment purchased with grant or contract funds when the grant or contract is
for the conduct of basic or applied scientific research at nonprofit
institutions of higher education, or at nonprofit organizations
who primary purpose is the conduct of scientific research. The
Contracting or Grant Officer will determine which equipment will
be transferred prior to executing the contract/grant.

In exercising this authority, the
following directives will be observed:

(a) Educational Institutions.
The policies set forth in General Services Administration Federal
Management Circular FMC 73-7 (34 CFR 253) will be followed in
determining when title to equipment should be vested in educational
institutions.

(b) Nonprofit Organizations
Other Than Educational Institutions. Title to equipment
acquired with grant or contract funds may be vested in nonprofit
organizations whose primary purpose is the conduct of scientific
research when it is determined that vesting of title will further
Reclamation's program objectives and is clearly in the best interest
of the Government.

The findings and determinations on
which the decision to vest title was based will be made a matter
of record. Conveyance of the equipment may be without further
obligation to the Government or on such other terms and conditions
as Reclamation deems appropriate, except that when the acquisition
cost of an item is in excess of $5,000, transfer of title by
the Contracting Officer will be subject to prior approval of
the Commissioner.

(c) The research contract will clearly
indicate where title to equipment is to be vested.